Inyo County Municipal Code Ch. 5.36 Weighing and Measuring Device Fees

The purpose of this chapter is to establish a system for the registration of weighing and measuring devices and to establish an annual registration fee not to exceed the county's total cost of actually inspecting or testing the devices as required by law, to recover the cost of inspecting and testing such devices as provided for by Business and Professions Code Sections 12240, et seq.

(Ord. 629 § 1, 1985; Ord. 1121 § 4, 2006)

For the purpose of this chapter, and unless the text otherwise requires, the following terms and phrases shall have the following definitions:

"Commercial purposes"

shall have the meaning assigned to it by Section 12500 of the Business and Professions Code.

"County sealer"

means the sealer appointed by the county board of supervisors and his/her duly authorized agents.

"Location"

means the room, enclosure, building space or area where one or more weighing and measuring instruments are located or operated.

"Weighing and measuring devices"

means and includes all weighing and measuring devices required to be tested by the county sealer pursuant to Business and Professions Code Section 12210.

"Single business location"

shall have the meaning assigned to it by Section 12240 (o) of the Business and Professions Code.

(Ord. 629 § 1, 1985; Ord. 831 § 1, 1988; Ord. 965 § 4, 1996; Ord. 1121 § 4, 2006)

No person shall use any weighing or measuring device for commercial purposes without having a current annual registration certification for such instrument. The certificate shall be in addition to any other certificate, license or permit which may be required by the county or other government entity.

(Ord. 629 § 1, 1985; Ord. 1121 § 4, 2006)

An application for a registration certificate must be submitted to the county sealer in the form prescribed by him. The county sealer shall, upon receipt of a completed application and the payment of the applicable fees described herein, issue a current registration certificate.

(Ord. 629 § 1, 1985)

Each registration certificate shall expire on December 31st of the year of its issuance unless issued on a biennial basis for which it shall expire on December 31st of the second year. The registration certificate may thereafter be renewed on an annual or biennial basis upon payment of the applicable fees provided herein.

(Ord. 629 § 1, 1985)

For purposes of this chapter the annual registration fee for a business that uses a commercial weighing or measuring device shall consist of a business location fee and a device fee. An annual registration fee shall be charged for the calendar year, or any part thereof, for all weighing and measuring devices requiring a registration certificate as provided for herein. The fees shall be the lesser of (1) the actual county cost of performing the inspections and testing, or (2) the current schedule of fees for commercial weights and measures established by Section 12240 of the Business and Professions Code.

(Ord. 629 § 1, 1985; Ord. 831 § 1, 1988; Ord. 965 § 5, 1996; Ord. 1121 § 4, 2006)

A registration certificate may be issued to a corporation duly authorized to transact business in this state, or to any person operating under a fictitious name who has complied with the provisions of Chapter 5 (commencing with Section 17900) of Part 3 of Division 7 of the Business and Professions Code. Otherwise, all such certificates shall be issued in the true name of the applicant. Except as above provided, no business, occupation or activity for which a certificate is required by this chapter may be conducted under any false or fictitious name. A certificate issued to a corporation shall designate such corporation by the exact name which appears in the articles of incorporation of such corporation.

(Ord. 629 § 1, 1985)

A registration certificate is transferable from one person to another and is valid only for the specific device and if the device is to be used at a fixed location for the specific location for which it is issued. Replacement of specific devices shall be allowed without a new certificate being required.

(Ord. 629 § 1, 1985; Ord. 1121 § 4, 2006)

Every person using any weighing or measuring device for which a registration certificate is required under the provisions of this chapter shall keep such certificate conspicuously posted at all times at the location where such instruments are being used.

(Ord. 629 § 1, 1985; Ord. 1121 § 4, 2006)

Any person failing to renew a permit on or before January 31st of each year shall be required to pay an additional sum equal to fifty percent of the registration fee as a penalty for any such delinquency.

(Ord. 629 § 1, 1985)